Patrick Gorman | Jones, Skelton & Hochuli Iglesia v. BrotherhoodArizona Court of AppealsApril 12, 2022 In cases alleging bad faith against an insurance carriers, policyholders will often sue employee adjusters or contractors (independent adjusters, engineers, experts) of the insurance carrier to keep the case out of federal court. In a legal sense, policyholders sue the… Continue reading Arizona Appellate Court to Consider Standard for Aiding and Abetting Bad Faith Claims
Category: Insurance Coverage
Prior Occurrence Exclusion Bars Coverage for Construction Defects
Tred R. Eyerly | Insurance Law Hawaii While the insured’s faulty work constituted an occurrence under Florida law, a prior occurrence exclusion barred coverage. Pro-Tech Caulking & Waterproofing v. TIG Ins. Co., 2022 U.S. Dist. LEXIS 12319 (S.D. Fla. Jan. 19, 2022). Pro-Tech was a waterproofing subcontractor for construction of a oceanfront… Continue reading Prior Occurrence Exclusion Bars Coverage for Construction Defects
Florida Appellate Court Finds Water Damage Sub-limit Ambiguous And Includes Tear-Out Costs
Brennah S. Toomey | Phelps Dunbar A Florida appellate court affirmed summary judgment entered in favor of insureds after determining that the policy wording applicable to the loss was ambiguous. Security First Ins. Co. v. Vazquez, No. 5D20-2528, 2022 Fla. App. LEXIS 1205, 47 Fla. L. Weekly D487b (Fla. 5th DCA, Feb. 18, 2022). The insureds reported… Continue reading Florida Appellate Court Finds Water Damage Sub-limit Ambiguous And Includes Tear-Out Costs
Court Finds No Coverage for Workplace “Prank” With Nail Gun
Craig Rokuson | Traub Lieberman In the recent case of Metro. Prop. & Cas. Ins. Co. v. Burby, 2022 NY Slip Op 22070, ¶ 1 (Sup. Ct.) Justice Richard M. Platkin of the Supreme Court of Albany County, New York examined a homeowners insurance policy and determined that a duty to defend was triggered in a case… Continue reading Court Finds No Coverage for Workplace “Prank” With Nail Gun
Paying The Ultimate Premium: Does Your Insurance Cover Property Damage Or Will You Be Left Holding the Bag?
Anna-Bryce Hobson | Bradley Arant Boult Cummings A recent decision by the Eleventh Circuit (the federal appeals court supervising trial courts in Florida, Georgia, and Alabama) sheds light on at least one way that insurers with complicated policies (and a host of exclusions) may avoid providing coverage and defense resources to insured material suppliers whose… Continue reading Paying The Ultimate Premium: Does Your Insurance Cover Property Damage Or Will You Be Left Holding the Bag?